Judgment of the General Court (Eighth Chamber) of 16 November 2017.Acquafarm, SL v European Commission.Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations.Case T-458/16.

Judgment of the General Court (Eighth Chamber) of 16 November 2017 — Acquafarm v Commission

(Case T‑458/16)

(Non-contractual liability - Fisheries - Operational programme financed by the European Union - EU rules prohibiting imports of crustaceans from Australia - Sufficiently serious breach of a rule of law conferring rights on individuals - Omission to act - Legitimate expectations)

1. Judicial proceedings—Examination of the substance before examination of admissibility—Lawfulness

(see para. 24)

2. Non-contractual liability—Conditions—Unlawfulness—Injury—Causal link—Cumulative conditions—One of the conditions not satisfied—Claim for compensation dismissed in its entirety

(Art. 340, second para., TFEU)

(see paras 40, 41)

3. Non-contractual liability—Conditions—Sufficiently serious breach of a rule of law intended to confer rights on individuals—Institution having no discretion—Mere infringement of EU law sufficient

(Art. 340, second para., TFEU)

(see paras 42, 43)

4. Non-contractual liability—Conditions—Legislative measure—Sufficiently serious breach of EU law—Individual act or omission—No impact on the requirement of a sufficient serious infringement

(Art. 340, second para., TFEU)

(see para. 44)

5. Non-contractual liability—Conditions—Omissions of EU institutions—Requirement that a legal duty to act be disregarded

(Art. 340, second para., TFEU)

(see para. 47)

6. Non-contractual liability—Conditions—Unlawfulness—Sufficiently serious breach of EU law—Erroneous assessment by the undertaking concerned of its own legal situation—No obligation on the institution to inform that undertaking that its activity is unlawful—Risk having to be borne by the undertaking

(Art. 340, second para., TFEU)

(see para. 53)

7. EU law—Principles—Protection of legitimate expectations—Conditions and limits—Inaction by the Commission—Maintenance of an existing situation having to be changed in the context of its discretion—No legitimate expectations—Protection refused to any person committing a manifest infringement of the rules in force

(see paras 55, 56, 58, 59)

Re:

ACTION under Article 268 TFEU claiming compensation for the injury allegedly suffered by the applicant as a result of the impossibility of completing an aquaculture project involving crustaceans from Australia and co-financed on the basis of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ 2006 L 223, p. 1) by reason of the ban on importing those crustaceans in accordance with the provisions of Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ 2008 L 337, p. 41).

Operative part

The Court:

1. Dismisses the action;

2. Orders Acquafarm, SL to bear its own costs and to pay those incurred by the European Commission.